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История государства и права России. История кодификации в России (самое важное)

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35. History of codification in Russia

The first attempt to systematize legal norms in the XVIII century. was undertaken by the existing 1700-1703 Chamber on the Code, the main task of which was to bring it into line with the Code of Laws of 1497 and 1550. and the Cathedral Code of 1649 of the entire array of newly adopted in the second half of the XVII century. regulations. In addition, it was necessary to update judicial and administrative practice by incorporating new rules of law into it. The Chamber of the Code was by 1703 new book project, it retained the structure of the Council Code of 1649 (25 chapters), but its norms were significantly updated. The newly laid book was not approved by the king.

В 1720-1725 operated in St. Petersburg Standing commission, in which the texts of the Council Code of 1649, the Pilot's Book, the Military Regulations, the Naval Regulations, Swedish and Danish laws were involved. The main direction of codification work at that time was the allocation of norms aimed at strengthening and protecting the state interest. In 1725, the Legislative Commission prepared draft of the new Code, which included 4 books: “About the process, that is, about the court, place and persons belonging to the court”; “On the process in criminal, investigative and torture cases”; “About atrocities, what fines and punishments follow”; “On civil or civil affairs and on the state of all economy”, a total of 120 chapters, divided into 2000 articles. However, after the death of Peter I and the Supreme Privy Council coming to power, codification work was curtailed. Nevertheless, under Peter I there were still the following codes have been approved: Military article (1714-1715), General regulations (Charter of collegiums) (1720), Clauses on patrimonial affairs (1725).

The Codification Commissions of the Senate, without much success, worked under Anna Ioannovna.

With approval Elizabeth in 1754 started work new statutory commission, the task of which was again the processing of the old and the creation of a new system of law.

In 1755 Parts I and IV of the Code were submitted to the Senate, which, after discussion together with the Synod, submitted them for approval to the empress. However, due to political events (the Seven Years' War), work on the Code was suspended.

Since 1760 it resumed: changes were made to the second part of the project, in particular those related to projects for the abolition of the death penalty. AT 1761 BC The Senate issued Decree on the convocation of class representatives (from the nobility and merchants) to discuss and approve the project. With the death of Elizabeth, that is, from December 25, 1761, work on the Code was suspended.

Deputy Chancellery Speransky planned to carry out:

1) full publication of all laws (from 1649 and up to its time) - this item has been completed;

2) create incorporations, draw up a code;

3) create a new Code.

In 1830 all the most important laws of the Russian Empire were issued. Rules of law are set out by institutions (systematic method).

It is based on the dualism of two principles (private and public law).

Public law - laws of the state union, which were divided into: basic laws; institution laws; estate laws.

Private right - laws were divided into determinative and protective.

The first Civil Code in Russia appeared in 1922 under the Bolsheviks. The Criminal Code was adopted by the Soviet government in 1919 В 1926 BC - new edition of the Criminal Code. The last major codification was made in 1963-1964

Authors: Dudkina L.V., Shcherbakova O.V.

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